Circuit Court of Saline County, Illinois (1st Judicial Circuit) Document Filing Requirements

CRITICAL

Applies to

Draft order or judgment

Must include

proposed order

Unless the court directs otherwise, the attorney or prevailing party must promptly prepare and present a required draft order or judgment with proof of service on opposing counsel.

Unless the Court directs otherwise, whenever a written order or judgment is required, the attorney or the prevailing party shall promptly prepare and present a draft to the court, with proof of service on opposing counsel.

CRITICAL

Applies to

Summons notice or court order setting court date

Summonses, notices, and court orders setting dates with an option for remote appearance must include the Zoom Meeting ID and password, courthouse address, and courtroom number.

All summonses, notices, and court orders setting court dates where case participants have the option to appear remotely shall include the following: (1) the Zoom Meeting ID and Password and (2) the courthouse address and courtroom number.

CRITICAL

Applies to

Motion

Each pre-trial and post-trial motion must state its factual and legal basis and contain or be accompanied by a concise statement citing legal authority the movant wishes the court to consider.

Each such motion shall specifically set forth its factual and legal basis. Each such motion shall contain or be accompanied by a short, concise statement containing the citation of any legal authority the movant may wish the court to consider.

CRITICAL

Applies to

Answering memorandum

A party opposing a pre-trial or post-trial motion must submit an answering memorandum within ten days of filing, stating the reasons for opposition and citing relevant authorities.

Any party that opposes such a motion shall within ten days of its filing submit an answering memorandum containing the reasons for opposition together with citations of relevant authorities

CRITICAL

Applies to

Pleading

Must include

certificate of service

The clerk must refuse to file a pleading that is unsigned or lacks proof of service.

The clerk shall refuse to file any pleading which is not signed and/or accompanied by a proof of service.

CRITICAL

Applies to

Motion

Must include

proposed order

Each ex parte or emergency motion and each motion made under a stipulation for an agreed order must include a proposed order.

Every such motion shall be accompanied by a proposed order.

CRITICAL

Applies to

Summons

In small-claim cases, the summons’s required Notice to Defendants must include the text of Rule 3.1.

In small claim cases, the "Notice to Defendants" required on the summons by Supreme Court Rule 101(b)(1) shall set out the text of Rule 3.1.

CRITICAL

Applies to

Petition for order to show cause

An indirect civil contempt proceeding may begin with a verified petition for an order to show cause that specifically identifies the violated order provision, the violation, and the acts needed to purge contempt.

A proceeding for indirect civil contempt may be initiated by the filing of a petition for order to show cause why the respondent should not be held in contempt. The petition shall be verified and set forth with particularity that portion of the order that is alleged to have been violated, the nature of the violation, and the acts required of the respondent to purge the contempt.

CRITICAL

Applies to

Petition for order to show cause

For any other claim of alleged indirect civil contempt, the petition must be supported by an affidavit meeting Supreme Court Rule 191.

Before an order to show cause may issue for any other claim of alleged indirect civil contempt, the petition must be supported by affidavit meeting the requirements of Supreme Court Rule 191.

CRITICAL

Applies to

Order to show cause

An order to show cause must state when and where the respondent must appear.

The order to show cause shall set a time and place for the respondent to appear and show cause.

CRITICAL

Applies to

Contempt notice and financial affidavit

Before imposing sanctions against a pro se litigant in child-support nonpayment proceedings, or other cases when the court requires it, the court must determine willfulness and provide contempt notice and an opportunity to complete a financial affidavit on Chief Judge-approved forms.

In civil contempt proceedings involving the non-payment of child support, or in any other type of cases as required in the discretion of the court, prior to the imposition of sanctions against a pro se litigant, the court shall determine whether the non-payment of was willful. The court shall provide the pro se litigant with a notice regarding contempt and an opportunity to complete a financial affidavit. The notice and affidavit will be on forms approved by the Chief Judge.

CRITICAL

Applies to

Civil contempt judgment

After an adjudication of civil contempt, a written judgment must be promptly prepared and filed, specifying the contemptuous conduct, sanctions, and means of purging the contempt.

Upon an adjudication of civil contempt, a written judgment shall be promptly prepared and filed which specifies the contumacious conduct, the sanctions imposed, and the means by which the contemnor may purge himself.

CRITICAL

Applies to

Attorney fee petition

Before approving attorney fees in a personal-injury case involving a minor or disabled person, the court requires a sworn petition stating the employment terms, services rendered, customary charges, and relevant special circumstances.

Prior to approval of attorney’s fees in a case based upon personal injuries to a minor or a disabled person the Court shall require the submission of a sworn petition setting forth: A. the terms of employment; B. the services rendered; C. the customary and usual charges for such services; and D. any special circumstances which might bear on the question of fees.

CRITICAL

Applies to

Criminal discovery disclosures

Criminal discovery disclosures under the listed rules and statutes may not be filed with the clerk unless the court grants prior leave for good cause.

Disclosures made pursuant to Supreme Court Rules 412 and 413, and Sections 114-9 and 114-10 of the Code of Criminal procedure, shall not be filed with the clerk of the court except with prior leave of court for good cause shown.

CRITICAL

Applies to

Certificate of compliance

Must include

local rule certificate

Counsel must file a certificate stating compliance with discovery orders.

Counsel shall file a certificate of compliance with discovery orders.

CRITICAL

Applies to

Pleading

A party filing a pleading by leave of court or under the referenced exceptions must immediately present it to the trial judge to set a hearing.

Any party filing a pleading by leave of court or referred to in 2.(c.) or (d.) above shall immediately cause it to be presented to the trial judge for setting of hearing.

CRITICAL

Applies to

Confidentiality agreement

All mediation participants must sign the prescribed confidentiality agreement before mediation begins.

Prior to the commencement of mediation, all participants in the mediation shall sign the confidentiality agreement prescribed by these rules.

CRITICAL

Applies to

Mediation progress report

Unless mediation has already terminated, the mediator must file a general progress report with the Circuit Clerk before the continued case management conference.

Unless mediation has sooner terminated, the mediator shall before the continued case management conference, file with the Circuit Clerk a report describing the progress of mediation in general terms.

CRITICAL

Applies to

Mediation conclusion report

Promptly after mediation concludes, the mediator must file the Chief Judge’s form with the Circuit Clerk, identify any issues agreed upon or state that the matter concluded unsuccessfully, and omit the reasons for failure to agree.

Promptly upon conclusion of mediation, the mediator shall file with the Circuit Clerk a report, on a form provided by the Chief Judge, specifying any issues on which agreement was reached or whether the matter has concluded unsuccessfully. The report shall not specify the reasons for the inability of the parties to reach agreement.

CRITICAL

Applies to

Mediation report

The mediator must submit a written, signed report stating whether an agreement was reached and designating it as a full agreement, partial agreement, or no agreement.

The mediator shall report to the court in writing whether or not an agreement was reached by the parties. The report shall designate, "full agreement", "partial agreement" or "no agreement". The report shall be signed by the mediator

CRITICAL

Applies to

Mediation agreement

Any mediation agreement must be put in writing and signed by the parties or their agents before mediation ends.

If an agreement is reached, it shall be reduced to writing and signed by the parties or their agents before termination of mediation.

CRITICAL

Applies to

Mediation report

If the parties reach a full agreement, the mediator’s report must state that and identify the individuals designated to complete and submit the documents needed to conclude the agreement.

If a full agreement is reached, the report of the mediator shall so state and shall identify those individuals designated to complete and submit all documents necessary to the conclusion of the agreement.

CRITICAL

Applies to

Mediation report

If the parties reach a partial agreement, the mediator’s report must identify the resolved and unresolved claims.

If a partial agreement is reached, the report of the mediator shall state which claims have been resolved and which claims have not been resolved.

CRITICAL

Applies to

Mediation report

For a partial agreement, the mediator’s report must identify the individuals designated to complete and submit the documents needed to conclude the resolved claims.

The report shall also identify those individuals designated to complete and submit all documents necessary to the conclusion of those claims resolved by agreement.

CRITICAL

Applies to

Mediation report

If no agreement is reached, the mediator must report that outcome without comment or recommendation.

If no agreement is reached, the mediator shall so report without comment or recommendation.

CRITICAL

Applies to

Certification for exemption from efiling

A Certification for Exemption From E-filing shall be filed with the court-in person or by mail-and include a certification under section 1-109 of the Code of Civil Procedure. The court shall provide, and parties shall be required to use, a standardized form expressly titled "Certification for Exemption From E-filing" adopted by the Illinois Supreme Court Commission on Access to Justice.

A Certification for Exemption From E-filing shall be filed with the court-in person or by mail-and include a certification under section 1-109 of the Code of Civil Procedure. The court shall provide, and parties shall be required to use, a standardized form expressly titled "Certification for Exemption From E-filing" adopted by the Illinois Supreme Court Commission on Access to Justice.

CRITICAL

Applies to

Filed document

The clerk must endorse each filed document with an electronic file mark identifying at least the court, clerk, filing date, and filing time.

The filed document shall be endorsed with the clerk's electronic file mark setting forth, at a minimum, the identification of the court, the clerk, the date, and the time of filing.

CRITICAL

Applies to

Proposed order

Attorney-submitted proposed orders must include the submitting attorney’s or law firm’s name, address, phone number, and attorney registration number at the bottom left of the last page.

All proposed orders submitted by an attorney shall include on the bottom left side of the last page of the order the name of the attorney/law firm, address, phone number and attorney registration number of the attorney who submitted the order.

CRITICAL

Applies to

Proposed order

A proposed order under Local Rule 1.12 may be presented only after the Court rules and directs a party to submit one, or after an agreement is read on the record and approved by the Court.

Proposed orders submitted pursuant to Local Rule 1.12 shall only be presented following a ruling by the Court and direction for one party to submit a proposed order or after an agreement is read on the record and approved by the Court.

CRITICAL

Applies to

Pleadings

Mortgage foreclosure pleadings must accurately state that the Williamson County Circuit Clerk will conduct the sale.

6. All pleadings shall accurately reflect that the sale shall be conducted by the Williamson County Circuit Clerk.

WARNING

Applies to

Criminal remote proceeding

At the beginning of a criminal remote proceeding, the judge should make a record and inquire whether the defendant knows of and waives the right to be physically present in court.

In criminal proceedings, the defendant has a constitutional right to be present in court at every stage in the proceedings. The judge should make a record at the beginning of the proceeding and inquire whether he defendant is aware of his or her right to be physically present in court and whether he or she is waiving that right.

WARNING

Applies to

Motion

Except for summary-judgment motions, a party seeking to present testimony or other evidence where authorized by law should indicate that in the motion or answering memorandum; the matter may then be set for hearing.

Except for motions for summary judgment, which are governed by statute and not subject to this rule, any party that desires to present testimony or other evidence to support or oppose a motion (where authorized by law) should so indicate in the motion or answering memorandum. The matter may then be set for hearing.

WARNING

Applies to

Discovery materials

The party serving discovery materials must retain the original and act as custodian.

The party responsible for service of the discovery material shall retain the original and become the custodian.

WARNING

Applies to

Court order

If good cause for an e-filing exemption is not shown, the court's order must state specific reasons and direct the litigant to e-file thereafter.

If the court determines that good cause is not shown, the court shall enter an order to that effect stating the specific reasons for the determination and ordering the litigant to e-file thereafter.